Disputes and Investigations

Select representations of our cross-border experience include the following.

• Representing global sports and entertainment broadcaster beIN Media Group in its investment treaty arbitration against Saudi Arabia, as part of a dispute that involves a complex intersection of TV sports rights, unprecedented broadcast piracy, criminal law, investment and trade law, competition law, and Middle East politics. We have advised and represented beIN in multijurisdictional IP enforcement proceedings, pursued advocacy efforts with U.S. and EU governmental agencies, and successfully acted for the State of Qatar in related WTO proceedings.
• Obtained a complete victory for RCBC bank in a US$240 million RICO lawsuit concerning a cyber heist by North Korean hackers into the U.S. dollar reserves of the Central Bank of Bangladesh held at the New York Federal Reserve. Because this case concerns international cybercrime and foreign reserves, this case was highly publicized and closely watched globally by central banks, financial institutions and cyber security experts.
• Representing Japanese cooperative bank The Norinchukin Bank, one of the world’s largest financial institutions by asset size, in consolidated and coordinated class actions involving the intersection of securities, antitrust, and regulatory law. The case concerns claims of manipulation and collusion in connection with the London Interbank Borrowing Rates for the U.S. dollar and the Japanese yen.
• Represented French pharmaceutical company Les Laboratoires Servier, as co-lead counsel, before the Court of Justice of the European Union in appeals by Servier and the European Commission against a General Court judgment. Before the General Court, Servier successfully obtained the annulment of the Commission’s findings of an infringement of Article 102 of the Treaty on the Functioning of the European Union (TFEU) and one of the findings of an infringement of Article 101 TFEU. This case remains one of the landmark competition law cases in Europe.
• Achieved a significant victory for Shop-Apotheke in the first case before the European Court of Justice interpreting the substantive free movement provisions of the EU e-commerce directive. The ECJ ruled that an EU member state cannot restrict a mail order pharmacy, established in another member state, from using paid referencing on search engines and price-comparison websites to promote its service. The ECJ further found that several other advertising restrictions imposed by France restricted the freedom to provide services under the e-commerce rules, but added that those restrictions can be justified under certain conditions.
• Represented various Vifor Pharma Swiss entities in product liability litigation related to the FDA-approved intravenous iron supplement, Injectafer. The litigation, which encompasses 425 filed and unfiled claims across the U.S., alleges injuries for hypophosphatemia (low-blood phosphate levels). Leveraging procedural victories, an Eastern District of Pennsylvania dismissal for lack of personal jurisdiction, and a win forcing plaintiff to comply with the Hague Service Convention (resulting in a dismissal in federal court in Florida), we positioned our client to exit the litigation, which concluded in April 2023 with an extremely favorable resolution.
• Representing Doctipharma SAS, a subsidiary of DocMorris, as co-counsel in a reference for preliminary ruling procedure currently pending before the CJEU. The questions referred to the CJEU by the Paris Court of Appeal relate to the qualification, under European law, of technical design and maintenance services made available to French pharmacists to sell non-prescription medicinal products online. The Doctipharma case is expected to have broader implications for e-pharmacies and online platforms that allow pharmacists to sell non-prescription medicinal products online.

Sidley is widely recognized by clients and peers alike as first-in-class for its cross-border capabilities, garnering top rankings and awards around the world.

Latin Lawyer 250 2024 – “Highly Recommended”
Arbitration
Trade

Chambers Global 2023
China – International & Cross-Border Disputes (International Firms) – Band 2
USA – Investigations & Enforcement (International & Cross-Border) – Band 3
USA – Disputes (International & Cross-Border) – Band 2
Singapore – International & Cross-Border Capabilities (International Firms) – Band 3

Chambers Crisis & Risk Management 2023
Crisis Management, Global-wide – Band 1

LMG Life Sciences 2023
General Patent Litigation – Tier 1
Product Liability – Tier 1
White Collar/Government Investigations – Tier 1

China Business Law Journal Awards 2023
Firm of the Year, Shortlisted

Law.com International – Asia Legal Awards 2023
International Arbitration Firm of the Year, Shortlisted

The Legal 500 Latin America 2023 rankings
Compliance and Investigations
International Arbitration

Financial Times Innovative Lawyer North America Awards 2022
Sidley was named winner in the “Innovation in Dispute Resolution” for its work on behalf of Aspen Insurance in defending the company in groundbreaking COVID-19 business interruption litigation.